The possibility for federal appel late courts to abuse
the "right for the wrong reason" rule, as the rule was
promulgated by this Court in Helvering v. Growran ,
302 U.S. 238 (1937) and Jaffke v. Dunham , 352 U.S.
280 (1957) , creates the real danger that appel lants are
denied due process of law under the 5th Amend ment.
To remove the possibility of rogue rulings un der the
guise of the "right for the wrong reason" doctrine,
this Court should prohibit the federal appel late court
from, sua sponte , deciding cases on factually laden
bases never litigated or passed on as a matter of fact
or law in the lower court. The Questions Presented are:

1. Does the guarantee of due process under
Amend ment V to the Con stitution requi re this Court to
enumerate stric tures to the rule and provide guidance
and instruc tion to the courts of appeal in the applica tion
of the rule to pre vent such con stitu tional violations?

2. Addi tionally, or in the alternative, should the
United States Supreme Court certify to the Florida
Supreme Court the federal court's inter preta tion of
§ 77.07, Florida Statutes , when the federal appel late
court adopted a con struc tion of the statute con trary
to that in Florida juris prudence and of which there is
no con trolling pre cedent of the Supreme Court of
Florida, as per mitted and encouraged by Florida Rules
of Appel late Proce dure 9.030 (C)?

Does the 'right for the wrong reason' doctrine allow federal appellate courts to violate due process?